Wisconsin native, conservative critic of everything.
"Once abolish the God, and the government becomes the God." ---G K Chesterton
"The only objective of Liberty is Life" --G K Chesterton
"Fallacies do not cease to be fallacies because they become fashions" --G K Chesterton
"A man can never have too much red wine, too many books, or too much ammunition." -- Rudyard Kipling

Wednesday, May 06, 2009

Some 10th Amendment Action!

This also involves the "commerce clause," which (according to SCOTUS) allows the Feds to regulate carrots grown and eaten in your own yard...

...any weapon may be manufactured (or modified, using "generic parts" from other states or other parts manufactured in Montana) and will be free of all federal regulation and law whatsoever. Only Montana law will control such weapons.

The AP story:

Under the new law, guns intended only for Montana would be stamped "Made in Montana." The drafters of the law hope to set off a legal battle with a simple Montana-made youth-model single-shot, bolt-action .22 rifle. They plan to find a "squeaky clean" Montanan who wants to send a note to the ATF threatening to build and sell about 20 such rifles without federal dealership licensing.

If the ATF tells them it's illegal, they will sue and take the case all the way to the U.S. Supreme Court, if they can.

That won't be easy to win.

In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that the commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. Stevens argued that the Court's precedent "firmly established" Congress' commerce clause power to regulate purely local activities that are part of a "class of activities" with a substantial effect on interstate commerce (Gonzalez v. Raich)

The "substantial effect" was the change in price of maryjane based on the supplies grown by Raich (!!!!)